Everalbum Class Action Says App Sends Unwanted Texts

A class action alleging app developer Everalbum Inc. sends unwanted telemarketing texts to users was filed in a Florida court.

Lead plaintiff Domenic Aloise alleges in his class action lawsuit that the Ever app tricks users into sharing their contact lists to use their photo sharing and backup app so they can then send spam text massages to their contacts.

The plaintiff further alleges that Everalbum’s marketing ploy violates the Telephone Consumer Protection Act.

“Defendant’s text messages caused plaintiff and the class members actual harm including, but not limited to, invasion of their personal privacy, aggravation, nuisance and disruption in their daily lives, reduction in cellular telephone battery life, messaging charges, and loss of use of their cellular telephones,” the Everalbum class action states.

The Telephone Consumer Protection Act is a law from 1991 that protects consumers from telemarketers and other types of solicitors who do not have permission to contact them.

According to the class action lawsuit, the Ever app, developed by Everalbum, is a cloud storage device that allows users to store their images and share them with other Ever app users. However, Aloise says the Ever app asks for access to users’ contact lists in exchange for additional storage.

After obtaining access to users’ contact lists, alleges the plaintiff, the Ever app pre-selects the contacts. The app does not disclose that it will send automatic text messages to users’ contacts, says the plaintiff, and users do not know that the telemarketing texts have been sent until after.

Further, Everalbum uses fake numbers that cannot be used to contact the company, the lawsuit claims. The messages are ads to get those on users’ contact lists to allegedly pay for premium Ever app services.

The plaintiff says he has also received two, identical, unsolicited marketing messages from the Ever app. These messages urged him to upload the app, but he never used the Ever app, nor did he consent to any messages from Ever app, Aloise claims.

According to the class action lawsuit, the unsolicited text messages sent by the Ever app invade putative Class Members’ privacy and are an annoyance. The plaintiff also alleges the texts are deceiving because they suggest that the recipient’s contact is suggesting they “check out your photos on Ever.” The plaintiff says that this statement led him to believe photos of him were on Ever without his permission.

The plaintiff is seeking to represent a nationwide Class of people who received unsolicited telemarketing calls or texts from Everalbum to their mobile phones since 2013. The plaintiff is seeking damages, as well as an injunction on Everalbum from sending the marketing texts.

Aloise is represented by Andrew J. Shamis of Shamis & Gentile PA.

The Ever App TCPA Class Action Lawsuit is Domenic Aloise v. Everalbum Inc., Case No. 6:17-cv-00837, in the U.S. District Court for the Middle District of Florida.

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

GET A FREE CASE EVALUATION NOW